Information Commissioner's Office

Welwyn Hatfield Borough Council

14 September 2017, Local government (Borough council)

The complainant has requested information held by Welwyn Hatfield Borough Council (the council) on the future of the Estate Management Scheme (EMS). The council provided some information but withheld the remainder relying on regulations 12(4)(d), 12(4)(e), 12(5)(b), 13 and 5(3). The Commissioner’s decision is that the council has correctly identified all the information held within the scope of the request, and has therefore complied with regulation 5(1). She has also decided that the council has correctly applied the exceptions at regulations 12(4)(d), 12(5)(b), 13 and 5(3). However, with regard to the application of regulation 12(4)(e), the Commissioner’s decision is that for the most part, the council has applied the exception correctly, but there are a small number of documents to which regulation 12(4)(e) has been claimed and to which it does not apply, and the council has therefore breached the EIR in respect of these.

EIR 12(4)(d): Not upheld EIR 12(4)(e): Partly upheld EIR 12(5)(b): Not upheld EIR 13: Not upheld EIR 5(1): Not upheld EIR 5(3): Not upheld